In the summer of 2003, a heat wave hit France and caused the death of nearly 15,000 people. Mainly old people. This murderous episode inspired Jean-Pierre Raffarin, then Prime Minister, to take a symbolic measure intended to finance support projects for the elderly or disabled. He proposes to create a “day of solidarity”.
The law establishing it was finally promulgated on July 1, 2004. “It takes the form of an additional day of unpaid work for employees and the contribution of employers to finance the autonomy of the elderly and disabled people”, is it written in the Official Journal.
Initially, it is planned that the date of this working day, which must be other than May 1, is determined by “a convention, a branch agreement or a company agreement”. In the absence of an agreement, it was Whit Monday, until then a public holiday and a day off, which was worked. Since 2008, the reference to Whit Monday has been removed and this holiday has once again become a non-working day.
The procedures for carrying out the solidarity day are set by a collective agreement or by decision of the employer. In the case of an agreement, it can provide for different scenarios: either the employees work on a public holiday previously not worked (excluding May 1), or they work on a day of rest, or any other modality allowing work during 7 hours that were not previously worked. Thus, in certain cases, the agreement may provide for this day to be divided into hours – provided that the total represents 7 hours in the year.
If no collective agreement is established, it is the employer who decides on the procedures for carrying out the solidarity day, after consulting the works council or, failing that, the staff representatives if they exist.
Concerning the date of this day, whether it is fixed by a collective agreement or by the decision of the employer, “it can be different for each employee of the company, when the latter works continuously or is open every days of the year”, specifies the Ministry of Labour. However, in Moselle, Haut-Rhin and Bas-Rhin, certain dates are totally excluded: “neither the first and second day of Christmas nor, independently of the presence of a Protestant temple or a mixed church in the communes, on Good Friday”.
The solidarity day is unpaid. However, this falls within the limit of 7 hours of work per day (3.5 hours for part-timers). Beyond that, overtime is paid normally.
For employees who are not paid monthly, the situation is different. They will, like the others, have to work an extra day, but they will be paid normally for this day. However, if the date of the solidarity day falls on a previously non-working public holiday, “any possible increase in salary (or compensatory rest) provided for by convention or collective agreement for work on public holidays will not apply”. , says the Ministry of Labor.
As this day is unpaid, the employer wins. In return, the latter must pay 0.3% of his company’s payroll to the National Solidarity Fund for Autonomy: this is the autonomy solidarity contribution (CSA).
Since 2013, pensioners and people with disabilities who pay income tax also participate in long-term care financing. They contribute 0.3% of their pensions by paying the additional solidarity economy contribution (CASA).
Finally, CSA and CASA revenues are managed by the National Solidarity Fund for Autonomy (CNSA). “In 2023, the revenue from the solidarity day should amount to 3.2 billion euros”, according to the CNSA.
Of all the money collected thanks to the solidarity day, a major part is earmarked for the elderly and people with disabilities.
With regard to support for the elderly, part of the revenue from this day worked but not paid falls directly into the hands of the departmental councils, which are responsible for paying the personalized autonomy allowance (Apa). Another part is allocated to establishments and medico-social services open to the public.
With regard to disability, the departments also recover a large part of the money, which is used to finance the disability compensation benefit (PCH) and the departmental houses for disabled people (MDPH). The rest is sent directly to establishments that welcome people with disabilities.
A smaller part of the 3 billion euros collected on the occasion of the day of solidarity makes it possible to finance the Apa at home, the accompaniment of caregivers, actions to prevent the loss of autonomy, or even the rehabilitation of residential homes.
This article was originally written on May 20, 2018 and updated on May 29, 2023.
